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O'Connor to Retire From Supreme Court

 
 
blatham
 
  1  
Reply Sat 2 Jul, 2005 06:48 am
dys

Three decades belated, but the left is finally getting organized and funded. Hard to know if this will be too late or not. On the positive side, women are now polling substantially against Bush and his agenda. The threat to Roe, which is the prime goal of the religious right, on top of other initiatives seen increasingly as extremist and deeply anti-American, may well produce an eruption of civil rights and centrist anger. If that doesn't happen, then the US is toast.
0 Replies
 
thethinkfactory
 
  1  
Reply Sat 2 Jul, 2005 06:52 am
Ponder this:

Bush might not be up for re-election - but you know another Senator is bidding for election as a Republican. The Bush presidency is SO pair shaped right now that he may just HAVE to placate the center by replacing O'Connor with another moderate.

He has NEVER given a **** about public opinion thus far - but when you have a few powerful fellow republicans saying 'This is not only YOUR presidency you are dealing with here.' breathing down your neck - you may just be suprised.

TTF
0 Replies
 
Foxfyre
 
  1  
Reply Sat 2 Jul, 2005 07:05 am
TTF is right that Bush thus far has not given a **** about the polls, public opinion, etc., he sticks to his principles, core beliefs, and convictions and does pretty much exactly what he says he will do. He makes plenty of mistakes, for sure, but he nevertheless has been an amazing breath of fresh air.

So far he has been consistent in his appointment of judges and I expect him to be consistent in his appointment of Supreme Court justices, more especially because of the long range effect such appointments will have on the country that is far more important any any one politician's political career, including his. Bush has no litmus test for judges other than that they have a track record for competency, they have a srong sense of constitutionally protected rights, and they are not given to social activism from the bench.

It is for that reason that I think he may not appoint Gonzales who is compentent to be A.G., but who has a track record as a judge in Texas that I think probably does raise the presidential eyebrows.
0 Replies
 
dyslexia
 
  1  
Reply Sat 2 Jul, 2005 07:19 am
foxfyre said
Quote:
Bush has no litmus test for judges other than that they have a track record for competency, they have a srong sense of constitutionally protected rights, and they are not given to social activism from the bench.

Ok I am now convinced of the theory of multiple universes and can move on to the more difficult problem of figuring out which universe you live in.
0 Replies
 
JustWonders
 
  1  
Reply Sat 2 Jul, 2005 07:24 am
Foxy -- I won't hold my breath expecting the same courtesies from the Dems that Mr. York outlines in his article.

-------------------------------------------------------------------------------------

GOP: CAN WE PLEASE DO IT LIKE GINSBURG?
[Byron York]

Look for Republicans to point to the confirmations of Ruth Bader Ginsburg and Stephen Breyer as models of the process that should be employed in the effort to replace Sandra Day O'Connor. Both Ginsburg and Breyer were nominated and confirmed at a time (1993-1994) in which the president's party -- Democrats -- also controlled the Senate. And both were given relatively easy passage through the Senate because the minority party -- Republicans -- cooperated with Democrats to ensure a quick confirmation. Ginsburg was nominated on June 14, 1993 and confirmed by the Senate on August 3, 1993. Breyer was nominated on May 13, 1994 and confirmed on July 29, 1994.

They moved with such speed because Republicans, in particular Sen. Orrin Hatch, the ranking GOP member on the Senate Judiciary Committee at the time, declined to challenge their records. Ginsburg, in particular, received something of a bye from Republicans despite her former position as general counsel of the American Civil Liberties Union; had they chosen to, Republicans could have hung every extreme ACLU position around Ginsburg's neck. Instead, "Sen. Hatch put an orderly and fair process above scoring political points," says one high-ranking staffer involved at the time. "It ensured that the Senate's conduct of the hearings was constructive rather than divisive."

Republicans also chose not to oppose Ginsburg even though she refused to answer dozens of questions during her confirmation hearings. Among others, she declined to give her views on Roe v. Wade, on the Second Amendment, on the death penalty, on the Voting Rights Act, on race-based congressional redistricting, and on adoption rights for gay couples, among many other issues. At one point in her hearings, Republican Sen. Strom Thurmond told her, "In preparing these questions or any others I may propound during the hearings, if you feel they are inappropriate to answer, will you speak out and say so." On another occasion, Thurmond said, "I will not press you to answer any that you feel are inappropriate."

Not surprisingly, Democrats wholeheartedly agreed. Then-chairman Sen. Joseph Biden told Ginsburg, "You not only have a right to choose what you will answer and not answer, but in my view you should not answer a question of what your view will be on an issue that clearly is going to come before the court in 50 forms probably, over your tenure on the court."

Of course, Republicans today realize that Democrats, now the minority party, will never extend to a Bush nominee the sort of treatment the GOP gave Ginsburg in 1993. Nevertheless, they will tell the story over and over, in hopes that someone will listen.

http://corner.nationalreview.com/05_06_26_corner-archive.asp#068148
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Foxfyre
 
  1  
Reply Sat 2 Jul, 2005 07:38 am
They haven't demonstrated such courtesies so far, JW. But hey, I'm a glutton for punishment. Let's be optimistic that even the current congressional minority is capable of doing what is best for the country instead of instigating still another petty and divisive dog fight in the name of partisanship, and that the majority will criticize when warranted and will fight for what is right rather than cave in just to put another warm body on the bench.
0 Replies
 
JustWonders
 
  1  
Reply Sat 2 Jul, 2005 07:42 am
Quote:
Then-chairman Sen. Joseph Biden told Ginsburg, "You not only have a right to choose what you will answer and not answer, but in my view you should not answer a question of what your view will be on an issue that clearly is going to come before the court in 50 forms probably, over your tenure on the court."


Perhaps we should contact the good Senator to remind him of some of his "past views".

Smile
0 Replies
 
dyslexia
 
  1  
Reply Sat 2 Jul, 2005 07:47 am
Quote:
put another warm body on the bench.

That's really a harsh statement about Reagan's appointment of O'Connor.
0 Replies
 
au1929
 
  1  
Reply Sat 2 Jul, 2005 07:56 am
Foxfyre wrote
Quote:
TTF is right that Bush thus far has not given a **** about the polls, public opinion, etc., he sticks to his principles, core beliefs, and convictions and does pretty much exactly what he says he will do. He makes plenty of mistakes, for sure, but he nevertheless has been an amazing breath of fresh air.


Unless you consider noxious fumes fresh air I cannot agree. Bush seems to be convinced he was elected dictator and the will of the American people bears no weight. His attitude of "my way or the highway" is not only meant for the rest of the world but includes the American people as well.

Based upon this attitude I doubt that he will appoint a moderate as a replacement. And that the nuclear option will be required for confirmation.
0 Replies
 
Foxfyre
 
  1  
Reply Sat 2 Jul, 2005 08:01 am
JW quoted
Quote:
Then-chairman Sen. Joseph Biden told Ginsburg, "You not only have a right to choose what you will answer and not answer, but in my view you should not answer a question of what your view will be on an issue that clearly is going to come before the court in 50 forms probably, over your tenure on the court."

and then said
Quote:
Perhaps we should contact the good Senator to remind him of some of his "past views".


I had forgotten that. You're right. They'll ignore it when it comes to Bush appointees, but we can make sure comments like that stay in full view. It might give courage to our side. Smile
0 Replies
 
blatham
 
  1  
Reply Sat 2 Jul, 2005 10:33 am
dyslexia wrote:
foxfyre said
Quote:
Bush has no litmus test for judges other than that they have a track record for competency, they have a srong sense of constitutionally protected rights, and they are not given to social activism from the bench.

Ok I am now convinced of the theory of multiple universes and can move on to the more difficult problem of figuring out which universe you live in.


dys

You got me rolling with this one.
0 Replies
 
kelticwizard
 
  1  
Reply Sat 2 Jul, 2005 10:55 am
Lash hit the nail on the head here.

The replacement of Rehnquist, (and he seems to be doing better with his medical condition than we had been led to think), with another conservative would cause little ideological shift in the Court.

O'Connor, however, was a moderate, especially on issues regarding Roe. Replacing her with a conservative would indeed cause an ideological shift.

If Bush is going to replace two judges-and I don't want to talk about Rehnquist in the past tense yet, the fellow seems to be hanging in there-then the best I think the Democrats could do is to broker a deal like this:

Tell the president they will make the nomination of one archconservative on the Court relatively smooth IF the second nominee is a respected jurist with some moderate tendencies. He nominates two archconservatives, he's got a long, long fight on his hands on TWO nominations. If he nominates one archconservative and one relative moderate with a proven appreciation for the traditions of the Court, and he gets NO fight on either nomination.

I think that's about the best the Democrats can do.
0 Replies
 
blatham
 
  1  
Reply Sat 2 Jul, 2005 11:10 am
Foxfyre wrote:
TTF is right that Bush thus far has not given a **** about the polls, public opinion, etc.,
Absolutely ridiculous claim. His speeches are scripted and that script is built on polling results and focus group tests. White House press releases don't see the light of day until and unless they match those same results. What his 'base' thinks and wants and responds to is monitored constantly and using multiples means. If polling and focus group tests find that 'global warming' is less well received than 'climate change', that's what comes out of Bush's mouth and the White House (see all the Lunz memos and then compare against subsequent Bush speechs).
he sticks to his principles, core beliefs, and convictions and does pretty much exactly what he says he will do. He makes plenty of mistakes, for sure, but he nevertheless has been an amazing breath of fresh air.

So far he has been consistent in his appointment of judges and I expect him to be consistent in his appointment of Supreme Court justices, more especially because of the long range effect such appointments will have on the country that is far more important any any one politician's political career, including his. Bush has no litmus test for judges other than that they have a track record for competency,
God! Do you really mean to sit their and type out such a clear falsehood? Do you actually believe this? Are you that manipulatable, fox? So, it's like a 50/50 chance that Bush will appoint a person who says, "why yes, I think R v W is good jurisprudence" or "yes, Senator, I do believe that the matter of abortion is between a doctor and his patient and that the state has no proper role in this matter" No litmus test, my ass.

they have a srong sense of constitutionally protected rights, and they are not given to social activism from the bench.

It is for that reason that I think he may not appoint Gonzales who is compentent to be A.G., but who has a track record as a judge in Texas that I think probably does raise the presidential eyebrows. Those raised eyebrows sitting above eyes that see litmus results .... duh
0 Replies
 
JustWonders
 
  1  
Reply Sat 2 Jul, 2005 11:11 am
Here is a list of potential nominees for the Supreme Court
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JustWonders
 
  1  
Reply Sat 2 Jul, 2005 11:14 am
LOL! I guess the "you got me rolling" has given way to apoplexy. SmileSmileSmile

Enjoyable.
0 Replies
 
Foxfyre
 
  1  
Reply Sat 2 Jul, 2005 11:20 am
If that truly is the short list, JW, and I suspect all the media is just speculating at this time, the notion of any kind of 'litmus test' is blown all to hell.
0 Replies
 
JustWonders
 
  1  
Reply Sat 2 Jul, 2005 11:23 am
My sources tell me Gonzales is out and Garza is in Smile
0 Replies
 
Foxfyre
 
  1  
Reply Sat 2 Jul, 2005 11:26 am
Garza I could support. Gonzales I think many in the GOP might object to. The Democrats are going to object to anybody more particularly if they are black or Hispanic as that would be way too popular with those they claim as their base.
0 Replies
 
kelticwizard
 
  1  
Reply Sat 2 Jul, 2005 11:36 am
Foxfyre wrote:
The Democrats are going to object to anybody more particularly if they are black or Hispanic as that would be way too popular with those they claim as their base.


That's a bunch of baloney.

The Democrats have objected to some Republican nominees who were minority, yes, because Republicans have this habit of trotting out minority candidates who were unqualified, but who served as a cover for the fact that Republicans support legislation that frequently hurts minorities more than others.

Clarence Thomas is a case in point. He's black, he says conservative things few blacks agree with, he's unqualified, so the Republicans love him to death.
0 Replies
 
Foxfyre
 
  1  
Reply Sat 2 Jul, 2005 12:09 pm
Well I wouldn't stock up on the mustard for those baloney sandwiches just yet, KW:

Quote:
Leaked Democratic memos indicate that Mr. Estrada was targeted, in part, because, "he is Latino, and the White House seems to be grooming him for a Supreme Court appointment," and because, "we can't make the same mistake we made with Clarence Thomas." Judiciary Democrats, led by Sens. Edward Kennedy, Patrick Leahy and Richard Durbin, agreed to block or slow-walk particular nominees at the behest of liberal campaign donors, including the trial lawyers, the NAACP, and the national abortion providers' lobby. These Democrats decided, in advance of hearings, which nominees to block, and Democratic staffers characterized Bush nominees as "Nazis."
http://committeeforjustice.org/cgi-data/news/files/70.shtml


Quote:
Another nominee discussed often in the memos is Miguel Estrada, a Washington lawyer who became the first filibustered nominee and who withdrew his nomination to the U.S. Court of Appeals for the D.C. Circuit after waiting two years for a final vote.

In the 2001 memo to Mr. Durbin, the staffer explained the concerns that the outside groups had about Mr. Estrada.

"They also identified Miguel Estrada (D.C. Circuit) as especially dangerous because he had a minimal paper trail, he is Latino, and the White House seems to be grooming him for a Supreme Court appointment," the aide wrote.


The memos also reveal the close relationship between Democrats and the outside groups.

In a June 21, 2002, memo to Democrats Mr. Kennedy, Mr. Durbin, Sen. Charles E. Schumer of New York and Sen. Maria Cantwell of Washington, a staffer urged delaying a hearing for Mr. Estrada to "give the groups time to complete their research and the committee time to collect additional information."
http://www.washtimes.com/national/20050517-103348-3095r.htm
0 Replies
 
 

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